What is a postnuptial agreement?
A postnuptial agreement sometimes referred to as a “postnup” or “post marital agreement,” establishes an enforceable plan for handling property and assets should your marriage end.
Drafting a postnuptial agreement doesn’t necessarily mean the marriage is over. What it does do is tackle the vital issue of property division.
Why enter a postnuptial agreement?
A postnuptial agreement might be a good idea if your career suddenly takes off or if you inherit a large sum of money.
A postnuptial agreement helps protect your assets that may have increased after the commencement of your marriage. Assets such as…
• Business interests
• Employment-based wages
• Equity interests
• Estate payouts
• Inheritance payouts
• Investment dividends
• Life insurance policies
• Retirement funds
Due to Oregon laws, a postnuptial agreement can be challenged in court. That’s why it’s imperative that the agreement adheres to the following guidelines:
• The agreement is in writing
• The agreement is signed by both spouses
• The agreement is notarized
• The agreement was voluntarily made without duress
• The agreement is fair to both parties
• All assets were accurately disclosed
To ensure that your postnuptial agreement is drafted correctly, and withstands challenges in court, contact Ronald Johnston, an experienced divorce attorney in Beaverton.